Sedition : A toolkit

 

"Dissent is the lifeline of a democracy"

As a citizen, we often brag about our country as "The Biggest Democracy" in the world, but at the same time, we are moving towards an era where every voice of dissent is dragged in the loop of traitors(Thanks to Indian Media). In recent years, the Sedition law has been used(or misused) too frequently against intellectuals, journalists, activists, students.

"Right to freedom of Speech and Expression" is not an absolute thing, they have their limitations and it must be regulated to create a balance in rule of law, True, but does suppressing every voice of discontent in an autocratic way is justified? Concerns lie in this whole question.

What is Sedition? and its numbers 

Sedition refers to overt actions, gestures, or speech by a person in oral or written form which expresses his or her discontent against the established Government in the state, with the aim to incite violence or hatred against it. Classified as a crime in India since 1870, it has been defined under Section 124A of Chapter VI of the Indian Penal Code, 1860. This Section says that whoever, by spoken or written words, signs, etc. excites or attempts to excite hatred or disaffection towards the Government of India is said to have committed the crime of sedition. It had been a legacy of Britishers which they used to suppress the voice of freedom during their rule. Post Independence, the numbers of recent years and comments by different Law Commissions and The Supreme Court must be analyzed in an unbiased manner.

Numbers

Post-2016, arrests under sedition have increased by 160% but the rate of conviction has been declined to 3.3% from 33.3% in 2016, according to National Crime Records Bureau(NCRB). Out of 96 arrests in 2019, only 2 have been convicted. 21 cases were closed due to insufficient evidence or no clue while 2 were declared as false charges and 6 were considered civil offenses. Though these numbers are more worrying than celebrating pre-trial detention and indiscriminate arrest processes are themselves a punishment.

Different Arguments

In support 

1. Since India is a democratic republic, it protects the elected government from attempts to overthrow by means of violence and it enables to continue the stability of the state. It also helps against the Maoist insurgency. 

2. They are useful against anti-national and anti-social elements who are dangerous for national integrity and security.

3. If contempt of court enables legal action, then contempt of government should also have punishment.

Against 

1. 124A is a colonial legacy that is performing as a burden for citizens of a democratic republic. It is resisting the constitutionally guaranteed freedom and expression. 

2.Covering every other dissenting voice who doesn't support government moves must be considered as a misuse of constitutional power.

3. A democracy needs robust questioning from governments and accountable institutions. Everyone who asks questions can't be considered as an anti-national element.

Conclusion

Keeping the least knowledge of the toolkit, the Sedition can be considered as a toolkit of government. Despite comments by different courts and Law commissions over the misuse of the Sedition Law by governments, there is no sign that they are going to abolish this law. Even Britishers who had brought this law to oppress Indians have abolished this law from their country a long ago.

When we have a bunch of laws to protect our integrity and sovereignty, then why use such vague and autocratic law. Toolkit by environment activists, jokes by comedians, reporting by journalists rarely harms national unity and integrity. In the name of nationalism and patriotism, you can't satisfy your ego and justify your actions.

Dissent and criticism of governments are essential ingredients of a vibrant democracy; robust discussions, debates in the public domain, respecting every idea and expression has been a culture of Indian Democracy.

Democracy and Republic are more than casting votes in every 5 years.